USPTO Trademark Searches
I spent 1.5hrs searching and speaking with the USPTO in
regards to a trademark we own, here is what I have found out about trademark records and the USPTO.
According to the phone call to the USPTO trademark center there are 5 ways to search trademarks off of their website. The 5 ways are just
variations on the advanced search features and all 5 ways link directly to the USPTO database which is updated every 24 hours. Within these 5 ways there are multiple other advanced variations on how to refine your search criteria. The USPTO operator who assisted me said that if a search was properly performed here that a person could do a very thorough search of all records in all classes and sub-categories currently in the USPTO database. This of course baring any recently filed trademarks that have not been submitted or entered yet.
Sometimes when dealing with legal counsel you are asked about “a thorough trademark search”, to my knowledge this is exactly what you can perform on your own. Typically having an attorney do the search can cost you anywhere from $3,000 to $20,000+ depending on who you have do the search, the reputation of the law firm and so on. I am not saying that lawyers do not have different tools that can search the USPTO database, I am simply saying that according to a USPTO they are searching the exact same database that you can search from the USPTO website.
One thing that should be perfectly clear is that the information I am giving is in NO WAY legal advice, just my personal experience. Depending on the type of deal you may be working on you may want to consult with an attorney. Another thing to remember is that just because you own a trademark in one class and sub-category it does not mean you have the right to use your word mark or design mark in another class or sub-category. You need to have your word mark or design mark registered in every class or sub-category you intend to use.
I personally would be interested if there is any variation to what I have laid out or if an attorney has different advice on the topic and why. I would never claim to know everything about this specific topic, but am always willing to learn more on it from people who do understand it fully.
USPTO Search Website:
http://www.uspto.gov/trademarks/index.jsp
